Silverstein has requested the cash payment for the insured property instead of making a claim for replacement costs to rebuild, according to Swiss Re, which is responsible for 22% of the claims on the center.

On the scheduled closing date, Shpak and his designee (his wife, Kaganosvskaya), demanded a cash payment of $115,000 from Nieginski which they claimed was orally agreed upon by Nieginski when the assignment deal was originally negotiated.

That is, they must agree to participate knowing that they will receive a cash payment in lieu of traditional services if assigned to the treatment group, but that only half of all participants will be assigned to the treatment group.

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